DREAMing of Amnesty

The latest attempt to give millions of illegal aliens amnesty may get a vote in the Senate as early as Wednesday. FOX News is reporting that there have already been three calls this week by administration officials on behalf of President Obama advocating the DREAM Act being pushed by Senators Reid and Durbin.

The “Development, Relief and Education for Alien Minors Act” is being painted as a way of providing citizenship to children. But DREAM should really stand for “Deviously Replacing Enforcement with AMnesty” since it will basically extend an amnesty to an estimated 2.1 million illegal aliens who are as old as 35 or 30, depending on which version of DREAM you are looking at. But because aliens granted citizenship under the DREAM Act could then sponsor their spouses, children, siblings, and parents, chain migration could result in triple that number of illegal aliens ultimately receiving amnesty and becoming citizens.

There are at least four different versions of DREAM in the Senate, the latest introduced by Sen. Durbin as S. 3992. As Senator Jeff Sessions (R-AL) has said, these bills are all filled with so many loopholes that they would send illegal immigrants the message that the U.S. has “given up on enforcement of our immigration laws.”

Supporters paint this law as only helping those who complete college or military service, but this claim is false. You only have to show that you completed two years of college to be entitled to amnesty – there is no requirement that you actually obtain a degree. One version of DREAM only requires enlistment for two years in the “uniformed services,” so working for the National Oceanic and Atmospheric Administration or the Public Health Service would qualify you for amnesty. The latest version of DREAM changes “uniformed services” to the “Armed Forces.”

But even those requirements to complete two years of college education or uniformed service can be waived by the Secretary of Homeland Security, Janet Napolitano, if the alien can demonstrate “compelling circumstances” and the alien’s removal would cause a hardship to the alien, his spouse, parents or children. This is such a loose, wide-open standard that it is no standard at all. Aliens are always going to claim it is a hardship for them and their families if they are removed from the United States, even if the hardship is of their own making when they showed such a disregard for our laws by illegally entering the country, illegally working, and, in many cases, obtaining fraudulent identification and other authorization documents.

Additionally (and what supporters don’t like to mention), is that the Secretary of Defense already hasthe authority under 10 U.S.C. § 504 (b) to enlist illegal aliens in the military if “such enlistment is vital to the national interest.” Since supporters of this legislation are claiming that the DREAM Act is so important to maintaining our military enlistment rates in a time of war, obviously the “vital to the national interest” standard of the existing federal statute has already been met. And 8 U.S.C. § 1440 allows such aliens to become naturalized U.S. citizens, with their applications handled at accelerated rates. Why do we then need another, supposedly superfluous federal law?

One version of the DREAM Act eliminates the federal prohibition on states giving illegal aliens access to in-state college tuition rates. Thus the law would make it lawful for states to discriminate against citizens who live across state lines in favor of illegal aliens. That has been deleted from Senator Durbin’s latest version of the Act, although both of the versions give illegal aliens access to federal student loans and work-study programs.

The DREAM Act will attract a flood of applications, even by individuals who do not qualify for amnesty, because the application process stopsall removal proceedings. So there will be a tremendous incentive to file applications and litigate for years to postpone and delay removal. Even worse, the Act makes it illegal for any information in the application to be used to initiate removal proceedings. So even illegal aliens who do not meet the law’s standards and do not eventually receive amnesty will still be able to largely immunize themselves against removal proceedings by the Department of Homeland Security.

Law enforcement agencies will be put in the awkward position of having to prove that any information they used to find, detain, and try to remove an illegal alien was already in their files when an application was received or was not derived from the application. As Mark Krikorian of the Center for Immigration Studies says, DHS “will have the nearly impossible task of proving a negative.” This will place enormous barriers in the way of enforcing our immigration laws and removing illegal aliens, which is no doubt one of the intentions of the legislation.

This law will provide amnesty to large numbers of individuals who are in the United States illegally, and allow chain migration of even millions more. This will have been the second time the United States has provided amnesty for millions of illegal aliens, and prospective illegals will see this as a sign that it will happen again – they just need to get into the country and stay here, making it as cumbersome, expensive, and politically unpalatable as possible to remove them or to enforce our immigration laws.

The DREAM Act will reinforce an attitude of contempt towards our immigration law and requirements, given how we will be rewarding those who came here illegally. It is the same type of proposal we have seen on the immigration front for years – encourage illegality and reward lawbreakers, while ignoring enforcement and border security.

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Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. Read his research.

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As a conservative, I am bothered when I see lies and distortions. This article is full of lies and distortions because your focus is not on the version of the DREAM Act that's up for a vote. Rather, you focus on the flaws of the previous bills.

I am not driven by partisan politics, which is why I recognize the importance of this bill and see that it is fair and a compromise. I don't get why Republicans want to take a risk on rejecting this bill when they have supported it in the past and when Americans are expecting its passage. It's a no brainer.

FYI Hans von Spakovsky please use UP-TO-DATE information. Read the new legislation behind the DREAM ACT. Fabricating information is one of the cheapest tactics any party can use to win the public's view.

Unless jobs are abundant and immigrants are self reliant, the only practical solution is, no immigrants allowed citizenship. As far as illegal, It is wrong to reward criminals with free jobs, education, living expenses and not hold them accountable to the consequences they and their children put on the rest of the law abiding society and hold them personally responsible to their personal expenses.

But anyway… since the members of the democrat legislature destroyed all "free enterprises" by setting standards of inconvenience and needless expense on regulations of insignificance, with impractical, time consuming mandates, forcing unemployment and discriminatingly and with bias, lend a hand to who they want in business while they obstruct others to fall on their faces, there will never be jobs in abundant supply. Wonder what government can do to grow the economy?

The only Dream Act that exists, is the government's dream to hold immigrants hostage to government dependency and the tax payers hostage to the expense, when all that needs to be done is enforcing the law and hold punishment to those that chose to break it.

This DREAM ACT was dream't up by government for crisis and excuse to grow. Government exceptions are only made to the ones government sees as inferior to their own existence. Actions speak louder than words, although the words are pretty well spoken.

I agree that we should not have another legalization/amnesty. Instead we need what legislators are loathe to mention – E-Verify! It exists, it works, and it's cheap.

E-Verify needs to be a permanent requirement for all employers to check all jobs in the US, currently held and all future hires. The IRS and social security need to work together to crack down hard on people using SSN's or ITN's to work illegally.

When the American workplace has been largely cleared of illegal workers, then and only then will be know that our government is looking out for us. Until then we should never believe the lies about immigration enforcement. Until then there should be no legalization program which will undoubtedly attract more people to come here illegally.

First of all I am a conservative, not some Harry Reid supporter but do you feel the same way about your ancestors, who were immigrants? The only reason these folks are illegal is because the laws of our country make it too hard to legally immigrate to come here to work and provide for a family. If many of those employers didnt hire those people they wouldn't be able to find workers. I don't know anyone thats willing to work sunup to sundown for minimum wage in a field all year. If they weren't here many would go out of business. We need to be business friendly and pass immigration reform like the Chamber of Commerce has argued. Can anyone actually try to argue that the current federal law needs to be enforced? Does anyone actually believe that trying to do what not even the Soviet Union Communists could manage to succeed in which is to defeat the natural desire for people to attain more freedom and prosperity, as well as the demand for cheap labor in the United States, which obviously isnt being provided by our citizens or others wouldn't be here. They wouldn't be here if there were no jobs for them believe me. And if they werent here, our economy would be in shambles they spend money, buy things and work just like other productive people.

To: the commenter called Development, Relief and Education for Alien Minors Act, USA on December 7th, 2010 at 7:30pm

Your accusations are hollow and nothing more than psychobabble pabulum since you have provided nothing of any specificity regarding your obviously false claim of "fabrication". But, then again illegal alien advocates never have operated with any facts, reason or reality. BTW, genius why don’t you tell us all about the FIVE different versions of the NIGHTMARE Act that Reid/Durbin have brought forth.

You cannot be a conservative if you advocate the rewarding of those who break laws. We have an illegal immigrant problem…amnesty is not the solution. All that does is invite more illegal immigration. Why should anyone follow the laws if there are no consequences for not doing so? If you are a conservative, than you must understand the importance to soveriegn nations of maintaining their borders, language, and culture. Citizenship must mean something, but it can't mean something if it is bestowed on anyone who just "shows up!" Wide open borders, along with entitlement incentives, and entitlement mentality, and no expectation of assimilation will destroy any nation, even one as great as ours.

Even a fiscal conservative should be balking at amnesty legislation. The legislation wouldn't exist except that Democrats congress are trying to give illegals something in return for their votes, and whatever that is, it is going to cost us plenty, either directly or indirectly. Call me a skeptic, but you have ask yourself this…"If illegals tended to vote Republican, would Democrats be championing their cause as much as they do?"

You don't have to be a conservative to post on this blog, but you should at least be honest…

The Dream Act is a nothing sandwich for Republicans, and I suppose we should let Obama have his dream of hispanic voters coming out of Mexico for his dream-on 'election' in 2012! I don't trust those guys coming out of the crack infested neighborhoods illegals control (gangs, remember?) And it is supposed to comfort me that the Army trains them to be real soldiers instead of gang soldiers?

Bad enough Obama controls his Shadow Government (Czars and perfectly crazy Policy Makers), but giving this Amnesty they are targeting militant anti Americans who are part cause of the Housing Crisis. Those Toxic Mortgages were toxic because neighborhoods went so badly to Hell that the owners just dropped them! Remember when the news was Obama was creating his private army?

Bryan, my ancestors weren't a financial burden to society. Their behavior did nothing to draw attention for the need of government dependency. They weren't sympathetic or intimidated by the responsibilities freedom entails. So "no," I wouldn't say the same thing.

If the laws are too stringent, why are illegal immigrants punishing the American people? I don't know any people of any country that would tolerate, accept or appreciate immigrants ignoring and disrespecting the laws of the country immigrants choose unlawful residency in?

And for that matter, the government of the country serving the illegal acts over the law abiding! And for the government to go out of their way to steal hard earned income from the people of the country, to cover the costs of the consequences of chosen acts of unlawfulness!

You're not being governed according to civil law if the uncivil are not held accountable and given accommodations at the expense of the lawful. and when there is petty or no reprimand to deter the crime, it encourages it.

Seems to me, it's the illegal immigrants and the American government working 100% in opposition of the founders and American people…at the cost of the American people. I trust legal immigrants. Those of decency and good will, who follow the law.

You're right, only if your illegal you work sun up to sundown, at minimum wage. But why weaken your God given abilities to such a level (illegal)?

Good people would rather choose to stir up the natives and remove the corrupt government and promote what America has in their own country so not to lower themselves as an "illegal and burdensome to society." The American people didn't write the laws yet they are the ones illegals and American government want punished. One way or the other. Life or death. Punishment to the good, appeasement to the bad…little to no accountabilities required…for the bad (unlawful.)

[…] of legislation as something that will benefit only children. Unfortunately, that is not true at all: It will basically extend an amnesty to an estimated 2.1 million illegal aliens who are as old as […]

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